Sentencing Enhancements In Florida Drug Cases
In U.S. criminal law, a sentencing enhancement is a factor that increases the potential prison sentence for an offense based on who committed it, against whom it was committed, and how it was committed. Sentencing enhancements exist because certain crimes involve greater threats to society or greater evidence of moral guilt is manifested by the offense in the eyes of the court. Because drug-related crimes are seen as offenses against society in Florida, some drug defendants have their sentences enhanced once convicted.
Changes To State & Federal Law
Sentencing enhancements tend to add more time onto a convicted person’s sentence. Historically they have been determined by judges, but a 2024 decision by the Supreme Court, Erlanger v United States, means that in some cases, facts relevant to whether or not a sentencing enhancement should be applied must be established by a unanimous jury first. This does not apply to prior convictions, however, meaning evidence of past issues with the law can still be considered by a judge.
Florida has several institutional sentencing enhancements, such as the Habitual Violent Offender (HVO) and Prison Relief Reoffender (PRR) statutes, though these do not, by definition, apply to those who have never been in trouble with the law before. However, this does not mean that a first-time offender caught with drugs may not have their sentence enhanced by other factors.
Time & Place Enhancements
If a person is found with a controlled substance, or if they are deemed to have constructive possession of a controlled substance, the charge(s) will depend both on the amount involved, and on the specific substance or substances – for example, someone found with a Schedule V drug like pregabalin (used to treat epilepsy and pain conditions), they will face a lighter sentence than someone caught with the same amount of fentanyl.
That said, the specifics of the offense can cause problems. One of the more common sentence enhancements in drug cases is imposed if a drug sale is conducted in a drug-free zone – in Florida, examples include primary and secondary schools, houses of worship, mental health facilities, and hospitals, among others. Another common enhancement involves selling to or otherwise suborning a minor. These enhancements usually raise the level of the crime – for example, a third-degree felony becomes a second-degree felony.
Contact A West Palm Beach Drug Crimes Attorney
If you have been charged with a drug offense, it is crucial that you enlist an experienced attorney to handle your case. A West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. will work hard to avoid a conviction – making sentencing enhancements a needless worry. Contact our office today to schedule a consultation.
Source:
supremecourt.gov/opinions/23pdf/23-370_i4dj.pdf
